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SANDY FROST

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Articles Posted: 87  Links Seeded: 255
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Shriners Retaliate, McGonigal Fired?

Fri Dec 5, 2008 5:47 PM EST
us-news, shriners, retaliation, bracewell, shriners-investigation, chairman-of-the-shc-board-of-trustees-ralph-semb, imperial-treasurer-gene-bracewell, potentate-douglas-maxwell, semb, shriners-corporate-director-of-public-relations-al
By Sandy Frost

Photo courtesy of creativecoversforgolf.com/.

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Update:

I decided to follow up about noon on December 8 and called Shriners Hospitals for Children HQ to ask if Edgar McGonigal, SHC Director of Corporate Development, still worked there.

The operator connected me to his answering machine. My instincts told me to not leave a message, thinking that “If he doesn’t work there anymore, why would his answering machine still be on? So higher ups could spy and see who was trying to call him?”

I then called the Shriners’ HR department and asked “Are you able to verify that Edgar McGonigal is still an employee of Shriners Hospitals for Children?” I was told the head would get back to me.

Time was ticking away. It was 1:30 here but 4:30 back there, so I called again and left a message for the head of HR. I called back and asked for PR but surprisingly, was put through to the Legal Department, and left a message for the VP of Legal as she would not be in until the next morning.

No one returned any of these calls.

About 7 the next morning, I knew it was 10 back there and again called the Shriner legal department. I asked for Laurie Spieler, was put into her voicemail and left a message, again asking “Is Edgar McGonigal still employed at Shriners Hospitals for Children?”

I finally got a hold of Laurie Spieler about 9:30 this morning. It was about noon thirty back there.

I again asked if McGonigal still worked there?

To her credit, she answered “We don’t comment on employee status. We take employment confidentiality very seriously.”

So, was Edgar McGonigal finally fired last November?

Allegedly.

Sandy Frost
December 9, 2008
Starbucks, WA

Editor's Note:

This editorial is presented as a public service.

Thank you,

Sandy Frost

Starbucks, Washington

When one thinks of the Shriners, what comes to mind?

Helping the kids?

The red fez?

Retaliation?

Yup.

From the top on down, some Shriner leaders distinguish themselves by ruthlessly retaliating against their own.

They will stop at nothing to protect their turf and keep their secrets secret.

Kind of a strange way to run an $8 billion charity, huh?

Fraternal Shriner courts are stacked with real life judges and attorneys who seemingly conspire to ruin the lives of innocent Shriners by prosecuting them on trumped up charges.

Just for standing up to these power hungry elitists.

Maybe this is because their bylaws state that "Shrine law does not include the law of the land."

Then there are those sued for asking "Where does all the money go?" and "Why are your taxes so messed up?"

Hey, IRS? Is funding revenge a proper use of charitable donations?

I didn't think so.

Top level retaliation was revealed after immediate past Potentate, Bernard Lemieux, called for an internal committee to investigate allegations that Chairman of the Board of Trustees for SHC, Ralph Semb and Imperial Treasurer Gene Bracewell had violated conflict of interest policies by behaving unethically.

The April 10, 2008 Special Committee's Interim Report detailed how Semb and Bracewell tried to fire a corporate executive who opposed their efforts to rehire a fundraiser who kept $43 million out of $47 million raised for the hospitals.

The hospitals only got $2.5 million.

It looks kind of like this:

Vantage Fundraising - $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Shriners Hospitals - $$s

The committee reported that SHC executive vice president and COO James Full breached the confidential employment records of Shriners Corporate Director of Development Edgar McGonigal to avoid a confrontation with Semb as he and Bracewell tried to generate unfavorable employee evaluations so they could get him fired. The committee wrote that "it was apparent that Messrs. Semb and Bracewell ignored important elements of the 360 degree review process, including the necessity for confidentiality of the identities of the reviewers."

Semb said that he fired McGonigal at Full’s direction, which was inconsistent with what others had told the investigators.

They also reported that as President of the SHC Board of Trustees, Semb felt he had every right to unilaterally fire a senior executive for no reason. He apparently did so without any regard for HR input or support. They viewed Semb’s exercise of authority as "potentially dangerous for the organization in an era in which employment termination decisions are frequently litigated at considerable expense and loss to employers."

The committee also found that Semb's unsuccessful firing of McGonigal was not an isolated incident. Senior executives described a "culture of fear" among senior management at SHC because individuals such as Semb and Bracewell implicitly threatened to fire them if they didn’t "bend to their will."

So much for all that Masonic brotherhood stuff.

Remember, one must first be a Master Mason before joining sub-groups like the Scottish Rite, the Knights Templar and the Shriners.

The committee reported that one board member was scared to serve with them because he’d spent tons of money for his board position and wanted to keep it. If the investigation was critical of Semb and Bracewell, he feared being kicked off key committees in retaliation.

The committee stated that allegations made by former controller Willard Fawcett required further investigation, including:

· The 2006 990 may have contained "improper reporting of certain items"

· The fraudulent 990 was knowingly executed by Semb

· Improper expense reimbursements didn't support SHC's exempt purpose

· Contracts that were not in SHC’s best interests

· Contracts that may have personally benefited members of the Joint Boards

The committee expressed deep concern that possible "excess benefit transactions" were not reported to the IRS and this could lead to fees, penalties, excise taxes as well as the suspension of the Shriners tax exempt status.

They also wrote:

"Even if any financial irregularities do not implicate criminal liability, their existence may reflect a breakdown of internal financial controls and lack of oversight by the joint boards."

These "excess benefit transactions" include board members taking their wives on trips and a free trip admitted to by Gene Bracewell. Then there is the possibility that these board members also failed to report these transactions as income on their own tax returns.

To see if anything has changed over the past ten months, Imperial Potentate Douglas Maxwell, Chairman of the SHC Board of Trustees Ralph Semb and Corporate Director of Public Relations Alicia Aargiz-Lyons were asked:

"What have you done to address and institute the recommendations of the Special Committee called to investigate allegations of unethical behavior of Ralph Semb and Gene Bracewell? Specifically, what is being done to:

• Reprimand Semb and Bracewell?

• Further investigate the allegations of Mr. Fawcett by both internal accounting personnel and senior executives at
SHC as well as independent forensic accounting by Deloite & Touche Forensic Advisory services?

• Authorize all actions to address the matters identified in the KMPG letter with respect to expense
reimbursement policies and review of reimbursement records of the Members of the Joint Boards and
Senior executives to determine whether there is a need for corrective action with respect to reporting or
recovery of reimbursement amounts? In the spirit of non profit transparency, disclosure and
accountability please email a copy of the KMPG letter for reference.

• Amend the Conflict of Interest Policy and the Bylaws to a) vest authority in a designated full-time
member of the Legal Department of SHC to determine in advance whether any conflict of interest exists
with respect to any transaction, on the request of a Member of the Joint Boards, an Officer or a Senior
Executive or b) vest authority in a designated Committee of the Joint Boards, which may be a newly
organized Corporate Compliance Committee, to investigate and report to the Joint Boards on any potential
violation of the Conflict of Interest Policy?

• Amend SHC bylaws to debar from business with SHC any entity that provides or offers any gifts, gratuities or favors
to any member of the Joint Boards, any Officer or Senior Executive of SHC?

• Implement a program for corporate compliance, including a hot-line or other similar confidential means for
employees, senior executives, trustees or directors to report suspected incidents or corporate wrongdoing, conflict
of interest, violations of corporate policy or violations of the law, and which requires confidential investigation of any
such reports and reporting to appropriate corporate authorities for resolution and corrective action?"

All three have failed to respond.

Does their stonewalling suggest more secrecy and cover-up?

The public needs to know why the Shriners continue to support those in positions of public trust who abuse their positions for personal gain.

Or is it more important to control business operations as top Shriner leaders practice the politics of punishment?

Heed the words of Writer and futurist John Renesch:

"Revenge stops us from expanding as a species, it keeps us locked in our box of limitations and dooms us to endless cycles of vengeance and violence; reparation, reconciliation and forgiveness expands our horizons to expand so we can grow as a species. This is part of the new thinking we must employ to evolve consciously."

All copies of material reprinted or duplicated from "by Sandy Frost" must include the following credit line: From http://sandyfrost.newsvine.com/ Copyright © 2008 by Sandy Frost. Used by permission.

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  • Public Discussion (12)
Flotsuum

Doesn't the Sarbanes-Oxley Act of 2002 dictate many of the points that you are making? Or maybe it doesn't apply to non-profit charities because their financial reporting is all ready so transparent...

Good article. Keep up the great work.

  • 2 votes
Reply#1 - Fri Dec 5, 2008 10:31 PM EST
Sandy Frost

Flotsuum,

Thank you for your comments. Two provisions of Sarbanes-Oxley pertain to non profits. Whistleblower protection and the "don't destroy evidence" rule.

I always wondered why the Shriners failed to disclose the lobbyist who lobbied against Sarbanes-Oxley on their behalf.

This could be a test case to see the Feds could invoke Sarbanes-Oxley to walk in and demand to see finaicial data without first going to court.

You make a great point that this  might not pertain to non-profit charities because their financial reporting is already so transparent.

In this case, not so much.

Thanks again,

Sandy

    Reply#2 - Sun Dec 7, 2008 10:55 PM EST
    Dr Know

    Even non-profit charities have two sets of books. I was part of one.

    • 1 vote
    #2.1 - Sun Dec 7, 2008 11:20 PM EST
    Sandy Frost

    Dr Know,

    Oh?

    These leaders seem kind of two-sided.

    Kind of like Jeckyll and Hyde.

    Thanks again,

    Sandy

      #2.2 - Sun Dec 7, 2008 11:28 PM EST
      Reply
      Dr Know

      I know. The leaders think they are untouchable.

      • 1 vote
      Reply#3 - Sun Dec 7, 2008 11:33 PM EST
      Sandy Frost

      We'll see.

      Let's find out what happens in the court of public opinion.

      Not looking too good for them so far.

      Sandy

        Reply#4 - Mon Dec 8, 2008 6:54 PM EST
        JEW-1003968

        semb is trying to close 6 shriners hosiptals we need help to get them to keep them open our children deserve the best chance when you see a child walk for the first time it just overwhelming. so please any ideas pass them on to me thanks

          Reply#5 - Tue Mar 31, 2009 11:49 PM EDT
          Sandy Frost

          Dear JEW-1003968,

          Thank you for your comments.

          I've been working the past two weeks on this and that means doing background interviews with officials from the IRS, FDA, NIH, clinical trial consultants and bio-pharma media contacts, reading and studying IRS guidance about nonprofit hospital conflicts of interest, clinical research and intellectual property as well as FEMA rules and regulations.

          I'm not sure what direction this next article is going to take but it will address the hospital closures, specifically SHC Galveston, and will focus on the research as the University of Texas Medical Branch, Galveson, filed for a restraining order against the Shriners because they allege that the two weeks notice given by Shriners corporate is not enough and that at least 3 months notice was contractualized.

          This all takes time as I won't interview a source until I've done my homework. I studied bio ethics for three weeks before I contacted an expert in the field. I have yet to write about what I learned but maybe soon.

          There are so many things going on right now. The growing national media attention on the hospital closures will be compounded in about a month by the upcoming sentencings of those two Jesters caught by the FBI in Buffalo.

          All of this would never have happened if the Shriners and Royal Order of Jesters complied with nonprofit rules and regulations.

          Thanks again,

          Sandy

            #5.1 - Wed Apr 1, 2009 4:04 AM EDT
            Reply
            JEW-1003968

            thank you we need all the help we can get closeing these hosiptals will be horible for the children and the staff alot of people will lose there jobs. anything that can help needs to be done . we are wrighting to the president and congress and to all our lesgalators .they truly are in for a fight!!!!! we're not going to lay down and give up. they were given 7 million dollor donantion to the spokane hosiptal maybe better investments would of help i dont know but we have to keep them open thanks for your help

            jew

            • 1 vote
            Reply#6 - Wed Apr 1, 2009 9:35 AM EDT
            Sandy Frost

            Dear JEW-1003968,

            Thank you for your comments.

            When you write your letters, please make sure to include the internet address to this news site so those you write to can learn that the Shriners are not what they appear to be.

            This is all so sad not only for the children who need the help but for the members and donors who have trusted the leaders to do what is best for the hospitals and not for themselves.

            Thanks again,

            Sandy

              #6.1 - Wed Apr 1, 2009 4:21 PM EDT
              Reply
              JEW-1003968

              i am all about keeping these hosiptals open for the children that is what is the most inportant issue. we cannot put anything above that. these kids need shriners all locations need to stay open thanks

              • 1 vote
              Reply#7 - Wed Apr 1, 2009 11:24 PM EDT
              Sandy Frost

              Thank you, JEW-1003968.

              I agree completely. The Shriners must get back to their exempt purpose which is to have fun while helping kids and concentrate on truly being the "Greatest Philanthropy in the World."

              Thanks again,

              Sandy

                #7.1 - Thu Apr 2, 2009 12:37 AM EDT
                Reply
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